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Operating Under the Influence

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Prohibition. Prohibitions against operating under the influence are as follows:

A person may not operate or attempt to operate a recreational vehicle:

  • While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;
  • If 21 years of age or older, while having 0.08% or more by weight of alcohol in that person’s blood; or
  • If less than 21 years of age, while having any amount of alcohol in the blood.

Penalties. A person who violates this section commits a Class D crime. In determining an appropriate sentence, refusal to submit to a chemical test must in every case be an aggravating factor. In the following cases the following minimum penalties apply.

  • In the case of a person having no previous convictions of a violation of subsection 1-A within the previous 6-year period, the fine may not be less than $400. If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 10702, subsection 1, the fine may not be less than $500. A conviction under this paragraph must include a period of incarceration of not less than 48 hours, none of which may be suspended, when the person:
    • Was tested as having a blood-alcohol level of 0.15% or more;
    • Failed or refused to stop upon request or signal of an officer in uniform, pursuant to section 6953 or 10651, during the operation that resulted in prosecution for operating under the influence or with a blood-alcohol level of 0.08% or more; or
    • Failed to submit to a chemical test to determine that person’s blood-alcohol level or drug concentration, requested by a law enforcement officer on the occasion that resulted in the conviction.

Administering chemical tests; test results; evidence; reporting; immunity

Blood or breath test. If the law enforcement officer has probable cause to believe a person hunted wild animals or wild birds or operated or attempted to operate a watercraft, snowmobile, or ATV while under the influence of intoxicating liquor, then the officer shall inform the person that a breath test will be administered, unless, in the determination of the officer, it is unreasonable for a breath test to be administered, in which case a blood test must be administered. When a blood test is required, the test may be administered by a physician of the accused’s choice, at the request of the accused and if reasonable available. The law enforcement officer may determine which type of breath test, as described in subsection 5 will be administered. (For more detailed information see Title 12, chapter 911, subsection 10703.)

Regulations in red are new this year.

Purple text indicates an important note.

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